Legal Separation in New Jersey
When you need space but don’t want to make a mistake
You know that things can’t go on like this.
You’re sleeping in separate rooms.
Communication is strained.
Your kids can sense the tension.
You’ve started to wonder if you should move out — to take a break, to breathe, to think.
Maybe you’ve even told someone you’re “legally separated.”
The reality is that New Jersey doesn’t have a traditional process of legal separation.
Here, you can move out if you want to. You just separate.
But that doesn’t mean that you should...at least not before you understand the possible consequences.
The choices you make now can affect your finances, your parenting time, and your long-term legal rights.
Before you take that step, it’s worth talking through what separation really means under New Jersey law.
In New Jersey, there is no formal “legal separation.” You are either married or divorced (with one minor exception, called a "divorce from bed and board", which doesn't affect you now and won't be an option to consider until much later.)
That doesn’t mean that you can’t live apart. Many couples do.
But moving out doesn’t automatically change your financial obligations or your legal responsibilities.
If you leave the home without clear agreements in place, it can make later decisions — about custody, support, or property — more complicated.
The smartest move is to get clear guidance before you move out.
If your spouse is manipulative or controlling, separating can feel impossible.
They may twist your intentions, use guilt or threats, or tell you that leaving means “you'll lose everything.”
Those tactics are meant to keep you stuck.
The truth is that you have options.
You don’t have to make major decisions out of fear or exhaustion.
A calm legal strategy can protect you while you decide what comes next.
If any of this sounds familiar — constant arguments, shifting blame, or emotional manipulation — you may be dealing with more than just marital drift.
The above link leads to resources that explain how narcissistic behavior affects divorce, finances, and custody — and what to do about it.
For nearly forty years, I’ve helped
My job isn’t to push you toward divorce.
Rather, it’s to help you understand your rights and create a plan that protects you — whether you ultimately reconcile or move on.
Sometimes the best first step is simply talking it through.
You’ll leave our conversation with a clear sense of your options and the legal reality of “separation” in New Jersey.
If you’re considering separation but aren’t sure what it means legally or financially, let’s discuss it privately.
Call my assistant, Valerie, at (732) 845-9010 to schedule your strategy session with me personally. We’ll go over:
What “legal separation” really means in New Jersey
How moving out could affect your finances and your children
Safer options for creating distance without giving up rights
What next steps make sense for your situation
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce
Throughout New Jersey
5 Professional Circle
Colts Neck, New Jersey
(732) 845-9010
www.KaplanDivorce.com